Author Archives: Hall

M.D.Pa.: Failure to completely follow inventory policy doesn’t require suppression

The inventory here wasn’t complete because defendant’s cell phone wasn’t in the inventory and apparently left behind. [Now that’s ironic.] A gun and ammunition were. Because they are dangerous instrumentalities, that makes the inventory reasonable. “It is not obvious to … Continue reading

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M.D.Fla.: Facebook capturing CP was private search; its ToS show no REP

Facebook’s passing on suspected child pornography on its platform is a private search. Moreover, Facebook’s terms of service show a lack of a reasonable expectation of privacy for child porn. United States v. Montijo, 2022 U.S. Dist. LEXIS 4577 (M.D.Fla. … Continue reading

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EFF brief: Court Orders Authorizing Law Enforcement To Track People’s Air Travels In Real Time Must Be Made Public

EFF: Court Orders Authorizing Law Enforcement To Track People’s Air Travels In Real Time Must Be Made Public by Aaron Mackey:

Posted in Tracking warrant, Warrant papers | Comments Off on EFF brief: Court Orders Authorizing Law Enforcement To Track People’s Air Travels In Real Time Must Be Made Public

S.D.Cal. gives helpful explanation of application of Heck bar

A helpful explanation of the Heck bar to Fourth Amendment claims is Cordova v. Imperial Cnty. Narcotics Task Force, 2022 U.S. Dist. LEXIS 3993 (S.D.Cal. Jan. 7, 2022).* Plaintiff lost her excessive force claim, and the defendants sought attorneys fees … Continue reading

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D.Neb.: Inventory reasonable and followed SOP despite officer’s expectation to find evidence of crime

The inventory here was reasonable despite the fact the officer suspected illegal items in the vehicle. A criminal search was not the sole motivating factor, and the inventory followed SOPs. United States v. Nielsen, 2021 U.S. Dist. LEXIS 249611 (D.Neb. … Continue reading

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D.Conn.: Arrest warrant permitted entry into def’s house to attempt to locate him

Defendant was on the lam, and officers, armed with an arrest warrant, entered his house thinking he’d returned there. He wasn’t but observations were made that led to a search warrant for the house. Motion to suppress denied. The arrest … Continue reading

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E.D.Mo.: Third party to forfeiture can’t challenge search

Third parties to a forfeiture seeking to protect their interest have no standing to challenge legality of the seizure that led to the forfeiture. United States v. Koeln, 2022 U.S. Dist. LEXIS 3934 (E.D.Mo. Jan. 10, 2022). Defendant’s felony arrest … Continue reading

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CO: Particularity of cell phone SW was harmless error and didn’t even have to be decided

Defendant’s claim that his cell phone search warrant violated the particularity requirement does not have to be decided because, if error, it is harmless beyond a reasonable doubt on this record. Pettigrew v. People, 2022 CO 2, 2022 Colo. LEXIS … Continue reading

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CA4: Unsigned SW was subject to GFE where it was readily apparent it was read and acted on

A state unsigned warrant was subject to the good faith exception where the issuing magistrate did everything but sign. The magistrate signed the application on the back of the state-mandated form and initialed the warrant. The court doesn’t go so … Continue reading

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Cal.2: Firing of two LAPD police officers recorded in patrol car ignoring a robbery in progress upheld

Not a search and seizure case, but interesting, and compare this to arrestees recorded talking to each other or themselves in the back of a police car where there is no reasonable expectation of privacy: The firing of two LAPD … Continue reading

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CA2: Def’s possession of multiple cell phones and drugs packaged for street sale created inference more in hotel room

The search of defendant’s person produced multiple cell phones and drugs packaged for street-level sale. There was a fair probability there would be more in his hotel room since drug dealers usually have a base of operations. United States v. … Continue reading

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D.S.C.: Govt met its burden to keep SW papers sealed for a while longer

The government’s motion to seal for the time being the search warrant papers is granted. It could jeopardize an ongoing investigation, and alternative measures are inadequate at this point. In re United States, 2021 U.S. Dist. LEXIS 249503 (D.S.C. Dec. … Continue reading

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D.Ariz.: Shooting incident 4 days earlier was RS

A shooting incident at a Tucson motel four days earlier led police to stop defendant in a car involved seen on motel video. That was reasonable suspicion. United States v. Castro, 2021 U.S. Dist. LEXIS 249438 (D.Ariz. Dec. 13, 2021).* … Continue reading

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D.Conn.: CI was personally involved in info he provided, and he was further corroborated by an unrelated wiretap

The CI here was untested for prior reliability, but the information was detailed and had the CI’s personal involvement. Moreover, an unrelated wiretap provided some corroboration of the CI’s involvement. This probable cause finding is not a close call. If … Continue reading

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MA: A computer check during a traffic stop would dispel any RS, and failure to do so was unreasonable

Defendant’s car had an inspection rejection sticker for safety defects, but state law grants a 60 day grace period for correction. A computer check would have answered any questions. “Accordingly, we conclude that whether the troopers’ suspicion was reasonable in … Continue reading

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DC: Tripping up def as he fled an encounter was a seizure without RS

D.C. gun recovery unit (GRU) officers stopped and approached defendant in an alley to talk to him. He hesitated and ran, and they ultimately caught him. The stop lacked reasonable suspicion. “Mr. Mayo argues that the GRU officers seized him … Continue reading

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N.D.Okla.: Cross designated tribal officer could obtain state SW then used in federal court

A Cherokee Nation officer was cross-deputized to act for the “City of Tulsa, the State of Oklahoma, the United States, and the Cherokee Nation.” “Second, the Supreme Court has found that reviewing courts should give ‘great deference’ to a magistrate’s … Continue reading

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N.D.Cal.: PC in the affidavit was lacking, even with its detail; no GFE either

The affidavit for the search warrant for defendant’s place lacked probable cause. “As the affidavit did not establish probable cause as to forgery or possession of stolen property, and the government conceded there was not probable cause to support the … Continue reading

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CA7: Merely knocking on the door to def’s motel room and him answering isn’t a seizure

Merely knocking on the door to defendant’s motel room and him answering isn’t a seizure. Moreover, showing him an arrest warrant for 15-20 seconds was not a seizure (but he didn’t even adequately brief it). He then consented to entry … Continue reading

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CA6: Arguable PC defeats false arrest claim

Plaintiff is a police officer who was apparently drunk in the Detroit airport after returning to Michigan with his children for Thanksgiving weekend. He ended up being arrested and sued. He understood he was impaired and was going to have … Continue reading

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